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I Congress,) HOUSE OF KEPKESENTATIVES. j Eeport 
t Session. \ 1 No. 148. 



TERMINATING STATE OF WAR WITH GERMANY AND 
AUSTRIA-HUNGARY. 



June 7, 1921.— Committed to the Committee of the Whole House on the state of the 
Union and ordered to be printed. 



Mr. Porter, from the Committee on Foreign AflFairs, submitted the 

following 

_ EEPOET. 

2^1 ~ 'Zh^ I [To accompany S. J. Res'. 16.] 

The Committee on Foreign Affairs, to which was referred the joint 
resolution (S. J. Res. 16) repealing the joint resolution of April 6, 
1917, declaring a state of war to exist between the United States and 
Germany, and the joint resolution of December 7, 1917, declarino- a 
state of war to exist between the United States and the Imperial a'nd 
Royal Austro-Hungarian Government, and for other purposes, havino- 
had the same under consideration, reports it back to the House witS 
the following amendment, with the recommendation that it do pass 
as amended: 

Strike out all after the resolving clause and substitute the follo^Wng: 

That the state of war declared to exist between the Imperial German Government 
and the United States of America by the joint resolution of Congress approved April 
6, 1917, is hereby declared at an end. 

Sec. 2. That in making this declaration, and as a part of it, there are expressly 
reserved to the United States of America, and its nationals anv and all rights privi- 
leges, indemnities, reparations, or advantages, together with the right to enforce the 
same, to which it or they have become entitled under the terms of the armistice 
signed November 11, 1918, or any extensions or modifications thereof: or which were 
acquired by or are in the possession of the United States of America bv reason of its 
participation in the war or to which its nationals hav'e thereby become rightfully 
entitled ; or which, under the treaty of Versailles, have been stipulated for its or their 
benefit; or to which it is entitled as one of the principal allied and associated powers- 
or to which it is entitled by virtue of an act or acts of Congress; or otherwise. ' 

Sec. 3. That the state of war declared to exist between the Imperial and Royal 
Austro-Hungarian Government and the United States of America bv the joint resolu- 
tion of Congi-ess approved December 7, 1917, is hereby declared at an end. 

Sec. 4. That in making this declaration, and as a part of it, there are expressly 
reserved to the United States of America and its nationals anv and all rights, pri\'ile'^8 
indemnities, reparations, or advantages, together with the right to enforce the same' 
to which it or they have become entitled under the terras^of the armistice sio-ned 
JNovember .3, 1918, or any extensions or modifications thereof; or which were acquired 



-^ Afel 



1 q ^\ 

2 TERMINATIlSrG WAR WITH GERMANY AISTD AUSTRIA-HUiSTGARY. 

by or are in the possession of the United States of America by reason of its participation 
in' the war or to which its nationals have thereby, become rightfully entitled; or which 
under the treaty of Saint Germain-en-Iaye or the treaty of Trianon, have been stipu- 
lated for its or their benefit; or to which it is entitled as one of the principal allied 
and associated powers; or to which it is entitled by virtue of any act or acts of Congress; 
or otherwise. 

Amend the title so as to read: "Joint resolution terminating the 
state of war between the Imperial German Government and the 
United States of America and between the Imperial and Royal 
Austro-Hungarian Government and the United States of America." 

The President in his message of April 12, 1921, said: 

To establish a state of technical peace without further delay, llhould approve a 
declaratory- resolution of Congress to that effect, ■with the qualifications essential to 
protect all our rights * * *. Such a resolution should undertake to do no more 
than thus declare the state of peace which all America craves. 

Section 1 of the pending substitute is a declaration by Congress 
establishing ''a state of technical peace" and "undertakes to do no 
more." Section 2 reserves all of the rights of the United States by 
reason of its participation in the war and otherwise and embodies 
"the qualifications essential to protect all our rights." 

The Constitution vests in Congress all the war powers, among which 
is the power to declare war, and by necessary implication the power 
to declare a state of peace. A declaration of a state of war and a 
declaration of a state of peace are "findings of fact." The declara- 
tion of a state of war has been executed by bringing the conflict to 
a successful termination; it therefore becomes the duty of Congress 
to find this fact officiallj^ by declaring a state of peace. They are 
separate and distinct acts, and it is unnecessary and perhaps unwise 
to repeal the declaration of a state of war, which might raise the 
inference that we have disavowed or repudiated the war, and the 
annulment of it might be construed as a mild apology for our par- 
ticipation therein. The substitute fully recognizes that the Consti- 
tution vests in the President the exclusive power to make a treaty 
with our late enemies, subject to ratification by the Senate. It does 
not fix any terms or conditions of such treaty, but it leaves the Presi- 
dent as free and unhampered in negotiating a treaty after its passage 
as before. 

A compilation of the permanent war powers of the President 
(exclusive of acts relating to the European war only) , which are sus- 
pended by the passage of this substitute, is appended hereto and 
made a part of this report. 

• 

ACTS OF CONGRESS CONFERRING WAR POWERS ON THE PRESIDENT. 

(Exclusive of acts relating to the European War only.) 

R. S. 4067-4070, as amended April 16, 1918 (40 Stat., 531): President authorized, 
in case of war or invasion of the territory of the United States, to prescribe regulations 
for the treatment by the United States of all alien enemies over 14 years of age; to 
direct the conditions under which they may remain, and to pro\dde for their removal, 
if necessary. 

R. S. 4013: Provisions of title "Prize" in Re\ised Statutes to apply to captures 
adopted and ratified as prize by the President. 

Act of July 1, 1902 (32 Stat., 713, sec. 4): President authorized, in time of actual 
or threatened war, to utilize tlie Public Health and Marine Hospital Ser\-ice (now 
the Public Health Service) as he may deem for the promotion of the public interest, 
without impairing its efficiency for it s declared m LOloaa^— »^ 

LISRARV. Ct GdNQRESS 



TEKMINATING WAR WITH GERMANY AND AUSTRIA-HXTNGARY. S 

Act of June 29, 1906 (34 Stat., 587), as amended August 29, 1916 (39 Stat., 604); 
President authorized, in time of war or threatened war, to demand preference for 
transportation of troops and material of war on raikoads, etc. 

Act of April 24, 1912 (37 Stat., 90): President authorized, in time of war or when 
war is imminent, to accept assistance tendered by the Red Cross, if he shall deem 
their cooperation with the land and naval forces necessary; and to prescribe regula- 
tions for their emplojinent under the sanitary services of the Army and Navy. 

Act of June 3, 1916 (39 Stat., 213, sec. 120): President authorized, in time of war 
or when war is imminent, through the head of any Government department, to place 
orders for any required product or material with any individual or firm which is 
engaged in, or capable of, producing such supplies; such orders to be given preference 
over any orders theretofore placed with such firm. In case of plants equipped for 
the manufacture of arms or ammunition, the President is authorized, on refusal 
to comply with Government orders, to take over such plant through the head of any 
department, and operate it through the Ordnance Department of the Army. 

Act of August 29, 1916 (39 Stat., 645): President authorized in time of war to assume 
control, through the Secretary of War, of any system of transportation, and to utilize 
it for the transportation of troops, war supplies, etc., to the exclusion, if necessary, of 
all other traffic. 

Act of June 15, 1917 (40 Stat., 219, sec. 6): 

President authorized, in time of war, by proclamation to designate any place in 
which anything for the use of the Army or Navy is being prepared, as a place concern- 
ing which information must not be published, subject to imprisonment for two years, 
or fine of 3;10,000 (sec. 1 of act). 

(P. 221-223): During wars to which the United States is not a party President 
authorized to enforce the neutrality of the United States by (1) witholding clearance 
from vessels about to carry arms, etc., to a belligerent; (2) detaining armed vessel 
owned whollv or in part by United States citizens until satisfied that they will not be 
used against friendly nations; (3) compelling any foreign vessels to depart from the 
United States, or its possessions, in accordance with the law of nations or treaties; 
and (4) u.«ing any part of the land or naval forces of the United States he may deem 
necessary. 

Act of October 6, 1917 (40 Stat., 411-426), as amended September 24, 1918 (40 Stat., 
966, sec. 5), November 4, 1918 (40 Stat., 1020), July 11, 1919 (41 Stat., 35-36), and June 
5, 1920 (41 Stat., 977-980): 

Section 2: President authorized to include within the term "enemy" or "ally of 
enemy" subjects, etc., of hostile nations or their allies, not resident within the terri- 
tory of such nation or ally; and to fix by proclamation the date for the "end of the 
war." 

Section 3: License from the President required for trade with, or transportation of, 
an enemy; and for transmission out of the mail of letters, etc., intoor outof the United 
States, or of any communication to an enemy. 

Section 5: President authorized (a) to suspend restrictions of the act, and to make 
rules for its enforcement; (b) to regulate transactions in foreign exchange, transfers 
of credit, etc., between the United States and any foreign country, or between residents 
of foreign countries, by persons in the United States. 

Sections 6-9: President authorized to appoint and fix duties, etc., of Alien Property 
Custodian; to require reports of property held for enemies; and to regulate procedure, 
payment of claims, etc. 

Section 10: President may authorize payment of patent fees, etc., to an enemy, 
or license manufactures, etc., imder patents controlled by an enemy. 

Section 12: President to prescribe regulations for deposit, etc., of moneys received 
by the Alien Property Custodian. 

Act of May 22, 1918 (40 Stat., 559). Certain acts, when the United States is at war 
made unlawful upon proclamation by the President, and until otherwise ordered by 
him, as follows: (1) Entry or departure of aliens contrary to rules and limitations 
prescribed by the President, aiding such entry or departure, and forging or furnishing 
false permits, etc.; (2) entry or departure of United States citizens without valid 
passport, subject to limitations prescribed by the President. 

Act of February 28, 1920 (41 Stat., 477), amending section 1 of the interstate com- 
merce act: President authorized in time of war to threatened war to certify to Inter- 
state Commerce Commission that the national security and defense require prefer- 
ence in transportation of "certain traffic," such preference to be thereupon directed 
by the commission. 

The following provisions apply in case of "emergencies;" the word "war" is not 
used in the statutes, but the likelihood of war is apparently the principal "emergency " 
contemplated : 



rERMINATING WAR WITH GERMANY AND AUSTRIA-HUNGAKY. 



Joint resolution of April 11, 1898 (30 Stat. 737): Erection of temporary fortifications 
withoiit acquiring title to the land under Re\-ised Statutes 355, authorized when, in 
the opinion of the President, such erection is important and urgent. 

Act of May 22, 1917 (40 Stat.. 87. sec. 16): President authorized to transfer to the 
War or Navy Department any vessels, equipment, or personnel of the Coast Guard he 
may deem to the best interest of the country. 



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